By-laws

Internal rules governing the management of a corporation and covering such matters as election of directors, appointment of committees, duties of officers and permitted business activities. Typical areas covered by the by-laws include:

  • The procedures for the meetings of stockholders and directors (including record date, notice and voting).

  • The officers and committees of the corporation.

  • The issuance and transfer of stock certificates.

If there are any conflicts between the certificate of incorporation and the by-laws, the certificate of incorporation governs. For examples of form by-laws, see Standard Documents, By-laws: DE Corporation (www.practicallaw.com/9-382-8700) and By-laws: NY Corporation (www.practicallaw.com/8-382-7466). For more information on forming a corporation, see Practice Note, Forming and Organizing a Corporation (www.practicallaw.com/7-381-9674).

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